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805182
Misrepresentation
Description
Mind Map on Misrepresentation, created by Aaminah Habib on 29/04/2014.
Mind Map by
Aaminah Habib
, updated more than 1 year ago
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Created by
Aaminah Habib
over 10 years ago
150
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Resource summary
Misrepresentation
Annotations:
MISREPRESENTATION
HAS TO BE FIVE THINGS
FALSE - dimmick v hallet - cannot be a sales puff needs to be false
FACT- bisit v wilkinson - fact cant be a statement of opinion
FACT- Esso Petro - statement of opinion allowed as they have special knowledge about petrol
ADDRESSED- sydney v rh brown - addess to the mislead party including the message to be passed on
INTENDED- peek v gurny- intented to be acted upon
1. if it puts one party into a better situation - it may be a warranty - Osscar v W
if not it is a mere misrepresentation
2. misrepresentation has to be 5 things
false
dimmit v hallot- cannot be a mere sales puff, has to be a false statement
fact
bissit v p - the fact cannot be a mere statement of opinion
esso v p it was seen that statement of opinion was a fact as they had special knowledge
addressed
sydney - addressed to mislead the innocent party and for the message to be passed on
intend
peek v gury- was intented to be acted upon
induce
eddinton- induce the mislead party into joining the contact
once all the five characteritics of a misrepresentation have been found
need to establish which type of misrepresentation it is
fradulant
Doyle v Peek
where FM established
must be made 1. knowlingly 2. recklessly 3. without belief in its truth - burden of proof lies with claimant
remedies
innocent party able to recine and claim damages by tort of deciet
negligent
at common law
hedly v bryne - obiter has a duty to care
by statue
Howard case- made without reasonable grounds of belief
remedies
only claim forseeable losses s 2 (1)
innocent
where there can be reasonable grounds for belief in the truth of the statement
remdies
misrep act 2 (2) can only get recission
recession - equitable remedy
limitations lie on liability
affirmation - continue - expressly or actions
lapse of time - for fm (runs out at time of fraud) and others date of contract itself
rights of third parties- not available to them
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